The Worker’s Compensation definition according to the free legal dictionary online is:
“A system whereby an employer must pay, or provide insurance to pay, the lost wages and medical expenses of an employee who is injured on the job.”
This system was created in the United States because during the industrial age injuries on the job began to increase. Losing a leg or arm, being hurt in some manner that rendered you unable to work that occurred while performing your job, leaving you unable to provide for yourself, your family. That is the reason why the workers compensation program was created. We would like to think that an employer would never expect a worker to do something that could cause physical harm or even death by performing the action but unfortunately that is not true. There are numerous stories of employers telling workers that they will no longer have a job if they do not follow directions to do something which is unsafe and can cause them bodily harm. What are they to do?
Recently I was speaking to a friend in another industry, she told me a story of one of her new employees. In his previous job his employer told him to jump down into an elevator shaft. The man told his boss he did not want to do it because it was unsafe. The boss told him to jump or he would be fired. The man had a wife and 3 kids to feed so he jumped into the shaft and broke both legs. He later lost everything, including his Wife.
My friend said he was the most loyal and dedicated employee but she was having an incredibly difficult time getting their insurance company to cover him because of his “pre-existing condition”. Her perspective was that of a small business owner dealing with a person in the aftermath of an on the job injury. He did not know any of his rights and so he accepted what was handed to him.
I recently made two videos on this topic because in trucking the workers compensation from an employee perspective becomes very complicated due to the nature of the OTR lifestyle.
I always remembered a Woman I met during training who had 8 years of experience driving, she was switching carriers. On her first dispatch she went to fuel stop and while walking with a bottle of diesel treatment she slipped on a patch of ice that had diesel residue. She tried to grab onto something to catch her fall but instead seriously dislocated her shoulder and tore her rotator cuff. I saw her a few months later; she was catching the greyhound bus after her shoulder surgery to go home only long enough to renew her CDL. It was set to expire if she did not go in personally to renew it. I thought about how painful the trip must be for her to take on the bus just days after the surgery of her shoulder and trying to manage her bags alone. She had not had even one paycheck due to her but she needed her CDL to remain current. This was why she had to take the bus trip over 1000 miles to insure it did not expire. I don’t know if she ever did get back to driving or if she was later disqualified from her injury.
It had not ever occurred to me before that the injured drivers were required to live at a motel run by the carrier and did not go home to recover from their injuries. I was very aware though during orientation that you could die from this job and it was important to pay attention to safety guidelines. I started my training in the winter and there were numerous accidents.
Some students / trainer and student/student teams were seriously injured from rollovers and inexperience in icy conditions. They did not go home though to heal, they were required to stay at a location specified by the carrier, away from their family, probably when they needed them the most. Injured drivers are often expected to manage life while recovering from their injuries in a strange town where they do not know anyone. Some of the living conditions are pitiful and I met some who had been living in this manner for as long as a year!
The workers compensation system for trucking is extremely unique and difficult to navigate. This is why I made these videos.
There are other caveats that I was not able to touch on in this interview session because there are so many complex things that can occur in OTR trucking. I asked Chattanooga Tennessee Attorney Jeff Rufolo of “Summers and Wyatt” to answer a few questions for me because he is familiar with the carriers of this state. I hope it will help drivers identify where they can locate information to research their specific situation.
One Area I could not cover in the videos is “Tort” claims as they apply to trucking. An example of this situation would be where a driver is involved in an accident that occurs on the job but is also the result of negligence of another driver. This is called a “Third-Party” or “Tort” claim. A “tort” claim is unlike a workers compensation claim where negligence or fault is not at issue.
In order to be successful in a tort claim, you MUST be able to prove the other driver was at fault for causing the collision; you have a right to a trial by jury with some exceptions, a tort claim would have to be filed in the state where the negligence took place. One thing drivers must understand is that if a collision or “event” occurred in another state the workers compensation portion of the claim would be handled by the state where the carrier consummated the employment contract.
This is a very tricky for many truck drivers to understand and it makes navigating the system difficult, especially if you have been seriously injured, your judgment may be impaired from the injury, accident, trauma and you are trying to manage to make decisions under these circumstances alone and in a strange town.
Here is an example: You are injured or have an accident in Oklahoma but the carrier is based in Tennessee. You were hired to the carrier at their terminal in California where you live and that is where you attended orientation. The employment was consummated in California UNLESS you signed a waiver during orientation that makes you agree to Tennessee laws for workers compensation.
For the “tort” portion of the claim as part of this example, it would have to be pursued in Oklahoma. Here are a few duel workers’ compensation “tort” situations:
(These are general descriptions that have other attributable factors. This is not the basis or endorsement to pursue a claim)
A slip and fall at the loading dock at the shipper facility.A driver crushed between two trucks from different student carriers at a shipping facility.An assault on the premises of shipping or receiving facility.There are so many things that can happen to a driver while on the road. Finding help or assistance after such a trauma like a rollover when your body may be in shock may make your ability to make decisions properly. It may be days or weeks before you comprehend the full effects of the occurrence.
Post-Traumatic Stress is common in team driving after such an event. This is very frustrating when you love driving but are now petrified to drive with anyone else at the wheel. PTSD is not something any tough truckers like to talk about openly but I have met both Male & Female drivers who have endured a rollover in a team driving situation that destroyed their personal confidence and their driving careers.
PTSD can leave an understandable lasting emotional impact on a driver. Many student carriers require this ‘team driving” component to training. ( PTSD Symptoms Link )
I have written about this in the past because very is little is known about the other person’s driving ability, origin or intent. This is a recipe for disaster on many levels. To add insult to injury and in my opinion more injury to the injury, many carriers put their injured drivers on the greyhound bus to transport them back to the home terminal where they are required to live in some sort of carrier provided housing and perform light duty work.
Some of the living conditions of these housing situations are deplorable. The treatment to some of the injured drivers by those acting as insurance adjuster “go between” is often in-excusable.
Much of this occurs because drivers have few people to help them understand what their rights are and when they are being violated. There are exceptions to the rule though and I was fortunate to meet a few individuals who went above and beyond the call of duty to address the needs of the injured drivers. These drivers deserve some dignity and comfort while are mending. Sadly, those who work in this area “in-house” are often not recognized for the work they have to keep up with. When they begin to suffer job burnout it sometimes gets taken out on the drivers as well. It takes a special person to deal with this sort of workload.
I hope these videos and links I provided will help you answer questions and find resources should you become injured on the job while trucking. Finding a lawyer who is experienced with trucking carrier “tactics” is of great value and this is why I asked Mr. Rufolo to allow me to interview him.
I am including the links for law firms I personally trust. You case does not necessarily need to have occurred in the state of these law firms to ask for a consultation which is free. Being injured while trucking and not being able to drive again for hire is very difficult to accept. It is important to be mindful of safety at all times because so many unforeseen things can happen to you.
Be Safe …. Drive Safe… Good Luck!
Summers and Wyatt
Ron David Law
Truckers Justice Center
If you liked that post, then try these...
No comments:
Post a Comment